Friday round-up

Bloomberg BNA’s Cases and Controversies podcast features a discussion of Epic Systems v. Lewis, in which the court will decide whether employment agreements that ban collective resolution of workplace disputes violate federal employment laws, calling the case “a major showdown between businesses and their workers and the increasing use of arbitration agreements in employment contracts.” In USA Today, Richard Wolf reports that the government’s recent “about-face” in Epic Systems “has created an extremely rare scenario: the Justice Department and National Labor Relations Board, a federal agency, will oppose each other in court”; he concludes that “[b]y all indications now, the case … looks like a 5-4 victory for employers.”

At Take Care, Jim Oleske explores the contested meaning of “general applicability” in the Supreme Court’s free exercise jurisprudence as it relates to the religion-clause issues in Masterpiece Cakeshop v. Colorado Civil Rights Commission, in which the court will decide whether the First Amendment allows a state to require a Christian baker to create a cake for a same-sex wedding. At The World and Everything In It (podcast), Mary Reichard hears from eight lawyers who filed amicus briefs asking the justices to hear a similar appeal from a florist alongside the baker’s case.

Previews of the upcoming term abound. At Bloomberg BNA, Kimberly Robinson provides “the most vital statistics for SCOTUS watchers who want an inside-baseball look at the court’s upcoming cases.” Also at Bloomberg BNA, Jordan Rubin surveys the criminal cases on the docket for October Term 2017, including cases involving “the balance between surveillance and privacy in the mobile phone era, the treatment of immigrants who break the nation’s laws, and whether death row inmates can challenge legal errors they claim are grave enough to save them.” Boom! Lawyered, a podcast from Rewire, looks ahead to “the opening of the U.S. Supreme Court term and the big decisions on the horizon.” The Heritage Foundation’s SCOTUS 101 podcast offers a look at “amicus briefs and the start of the Supreme Court’s next term,” as well as an interview “with the New York Times reporter Adam Liptak about covering the Supreme Court.”


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